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Sexual offences involving children can’t be nullified based on compromise: Delhi High Court refuses to quash FIR in POCSO Case

Delhi HC POCSO Act ruling: The court said that such acts cannot be legitimised or condoned by exercise of high court’s inherent jurisdiction under Section 528 (powers to quash FIR) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2 min readNew DelhiUpdated: Dec 4, 2025 02:40 PM IST

The accused moved the high court to get the FIR under POCSO quashed on the basis of settlement between the parties.

The accused moved the high court to get the FIR quashed on the basis of settlement between the parties.

The Delhi High Court recently said that sexual offences involving children cannot be nullified merely on the basis of settlements between the parties and dismissed the plea seeking quashing of FIR in a Protection of Children from Sexual Offences Act (POCSO) case.

Justice Amit Mahajan noted that such offences cannot be extinguished only at the convenience of the parties or because the victim subsequently decided to marry the culprit.

“Offences of the nature alleged particularly those involving sexual offences involving children cannot be nullified merely on the basis of settlements between the parties…Any such compromise or marriage does not ipso facto efface the gravity of the offence or wipe out the seriousness of the allegations,” the court noted.

Case

An FIR was registered against the accused under Section 376 (Rape) of the IPC and Section 6 (aggravated penetrative sexual assault) of the POCSO Act after the minor gave birth to a child.

The accused, who submitted that he and the survivor had married, moved the high court to get the FIR quashed on the basis of settlement between the parties.

While the court expressed sympathy, it said that such acts cannot be legitimised or condoned by exercise of high court’s inherent jurisdiction under Section 528 (powers to quash FIR) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

“While this Court is sympathetic to the plight of the parties, in the opinion of this Court, such acts cannot be legitimised or condoned by exercise of inherent jurisdiction of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,” it said.

Ashish Shaji

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More